Other conditions decisions — 2006

The Board has remanded the case due to missing records and a need for further medical evaluation to determine if the veteran's muscular dystrophy is service-connected.

The veteran's appeal was dismissed due to his death during the pendency of the appeal.

The veteran's service-connected right eye injury was reduced from a 20% rating to a 10% rating. The RO/AMC must obtain all relevant medical records and provide the veteran with a VA examination to determine if there has been an actual improvement in his condition since the initial grant of service connection.

The Board has determined that the appellant does not have legal entitlement to nonservice-connected pension benefits due to a lack of qualifying military service.

The veteran's surviving spouse was denied restoration of Dependency and Indemnity Compensation (DIC) benefits due to the law not authorizing DIC for remarried spouses who remarry after the age of 55, which is what happened in this case. The appellant missed the cutoff by only about 6 months.

The VA determined that the veteran's disability of the fingers is not related to his military service and denied his claim for service connection.

The Board found that the veteran's left tibia disability did not meet or approximate the criteria for a rating in excess of 20 percent, as it was not productive of more than moderate knee and ankle disabilities.

The veteran's residuals of a stroke are not the result of VA failure to diagnose and treat properly, nor were they proximately due to VA carelessness or negligence. The Board finds that the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has granted service connection for degenerative joint disease of the left and right hips, but determined that a disability rating in excess of 10 percent is not warranted.

The Board found that the veteran's deep vein thrombosis did not have its onset during service and is not related to a service-connected disability, thus denying his claim for service connection.

The Board found that the veteran's service-connected right index finger fracture does not meet the criteria for a compensable rating due to lack of ankylosis or amputation, and thus denied his claim.

The veteran's claim for an increased evaluation of his service-connected left eye disability was denied as the current rating adequately reflects the severity of his condition. The claim for TDIU was also denied due to the absence of a right eye disability that would require a higher evaluation.

The veteran's death was caused by pancreatitis, a condition not related to service. The Board found no evidence that the veteran's service-connected conditions contributed to his death.

The Board denied a waiver of recovery of an overpayment of DIC benefits in the amount of $8,863 due to fault on the part of the VA and no undue hardship for the appellant.

The Board denied the veteran's claims for increased ratings for left inguinal hernia and compartment syndrome of the left leg, finding that there was no current disability warranting a compensable rating under VA regulations.

The Board found no evidence of arthritis, dysentery, malnutrition, beriberi, or pellagra in service and there is no current diagnosis for these conditions. The veteran's claims are denied as the disorders were not incurred during active duty.

The RO determined that the appellant was not eligible for VA dependency and indemnity compensation (DIC) as her spouse did not have verified active service with the U. S. Armed Forces.

The Board has determined that a valid Notice of Disagreement was filed within one year of the Department of Veteran's Affairs Regional Office (RO) decision of March 2002 regarding the issue of entitlement to burial benefits. The RO issued an administrative decision in March 2002 authorizing payment for nonservice-connected burial and plot/interment allowance benefits in the amount of $225.00.

The Board has ordered additional development due to the lack of medical records from Northeast Methodist Hospital and McKenna Memorial Hospital, which may provide information about the cause of the veteran's death. The case will be remanded for these records to be obtained.

The veteran's application for enrollment in the VA healthcare system was denied as he did not meet the eligibility criteria based on his income and service-connected disabilities.